In February of 2012, the Liberty Institute, a nonprofit conservative Christian legal group, filed an appeal of the 2011 ruling that found the cross to be unconstitutional. On March 14, the U.S. Solicitor General joined the appeal, making it more likely that the Supreme Court will hear the case
Three differently shaped Christian crosses have been constructed since 1913 on City government property at the apex of Mt. Soledad (Mt. Soledad Natural Park) in the community of La Jolla.
The original wooden cross on Mt. Soledad was erected in 1913 by private citizens living in La Jolla and Pacific Beach, but was stolen in 1923; later that year it was affixed back in the ground in Mt. Soledad Natural Park and then, when a black family moved into the area, the Ku Klux Klan burned it to intimidate the new residents.
The second cross was erected in 1934 by a private group of Protestant Christians from La Jolla and Pacific Beach. This sturdier, stucco-over-wood frame cross was blown down by blustery winds in 1952.
The third cross, 29 feet (9 m) tall on top of a 14-foot (4 m)-tall stepped platform, was installed in 1954. It still stands today. A windstorm damaged one of the flimsily constructed cross members in 1955 and the concrete structure had to be repaired.
War vet memorial deemed unconstitutional
Video From. Fox: News Campaign to save memorial cross
Judges for U.S. Court of Appeals for the 9th Circuit decided 3-0 in the case of Trunk v. City of San Diego that the Mt. Soledad cross paying homage to fallen soldiers is unconstitutional.
Alliance Defense Fund Senior Counsel Joe Infranco labeled the ruling a tragedy.
“It’s tragic that the court chose a twisted and tired interpretation of the First Amendment over the common-sense idea that the families of fallen American troops should be allowed to honor these heroes as they choose,” he expressed in a statement following yesterday’s ruling.
The California war memorial was erected in 1954. The memorial includes a Latin cross and six concentric walls holding black granite plaques engraved with the names and photos of war veterans. It was originally dedicated as a Korean War Veterans Memorial but now also honors U.S. veterans of World War I and World War II.
The memorial’s cross has been at the heart of a two-decade-long dispute. The cross is 29-foot tall and stands in La Jolla, Calif.
The American Civil Liberties Union sued the city of San Diego in 1989 to remove the cross. The group’s plaintiff, atheist war veteran Philip Paulson, argued that the cross was a religious symbol and that its display on public land was unconstitutional. The Jewish War Veterans has also found fault with the cross’s presence and is also suing for its removal.
Prior to this ruling, U.S. District Judge Larry Alan Burns ruled in 2008 that the cross does not violate the separation of Church and State.
"The court finds the memorial at Mt. Soledad, including its Latin cross, communicates the primarily non-religious messages of military service, death, and sacrifice," Burns wrote in his decision. "As such, despite its location on public land, the memorial is constitutional."
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| A section of the memorial wall at Mount Soledad |
However, on appeal, the judges overturned Burns’ ruling. Still, Infranco contends that the cross does not violate the Establishment Clause maintaining a separation between church and state. The cross has the right to stay where it is, he says.
“War heroes have earned the right to be remembered. The memory of those who sacrificed their lives for our freedom shouldn’t be dishonored because the ACLU finds a small number of people who are merely offended,” he stated.
